HASINA KHATUN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A. R. Sikdar, learned counsel for the petitioner, Mr. J. Payeng, learned counsel for the State of Assam, appearing for the Foreigners' Tribunal and Border Areas, Ms. V. Verma, learned Standing Counsel for the authorities under the NRC, Ms. G. Sarma, learned counsel for the authorities under the Union of India.

(2.) The petitioner was referred by the Superintendent of Police, Goalpara resulting in FT Case No. FT(G-4)415/2016 before the Foreigners Tribunal No. 4, Goalpara. The counsel for the petitioner filed an application, dated 25.04.2016 that while she is wife of the another person Anwar Hussain, daughter of late Kashem Ali Sheikh and granddaughter of late Jubanullah Sheikh village Palashbari, but the reference has been made in the name of Hasina Khatun @ Habiya Khatun, daughter of Habibur Rahman Mollah and granddaughter of late Sekandar Ali Mollah, resident of Narangabari. Considering the said application, the Tribunal passed order dated 31.01.2018 satisfying itself that the name of the father and grandfather of the petitioner does not match with those person referred but however, the Tribunal was of the view that the matter required to be verified. In the process, order dated 22.08.2017 was passed requiring the Officer-in-Charge of Baguan Police Station to submit report on this aspect. The Officer-in-Charge submitted a report, dated 13.10.2017 which deals with many other aspect but the core question as to whether the present petitioner whose father is Kashem Ali Sheikh and grandfather is late Jubanullah Sheikh is the person referred, was not answered.

(3.) Mr. J. Payeng, learned counsel for the State of Assam, appearing for the Foreigners' Tribunal and Border Affairs submits that upon the reference being made, the Tribunal does not have any jurisdiction requiring the police to submit any further report. According to Mr. Payeng, the Tribunal can verify from its record pertaining to the reference and arrive at its own satisfaction as to whether the name, father's name etc. of the referred person and the name of father, grandfather etc. of the person appearing before the Tribunal are one and the same. Depending upon the conclusion that may arrived appropriate orders required to be passed.